You have a big heart and a little bit of money. You want to help out a cash-strapped family member, and – “because you’re family” – you don’t put down how much you’ll loan or how it’ll be paid back. ...more
7/26/2017
/ Assignments ,
Constructive Trusts ,
Default ,
Estate Planning ,
Executors ,
Foreclosure ,
Intra-Family Loans ,
Mortgages ,
Security Deed ,
Trusts ,
Warranty Deed
When we put pen to paper, sometimes the words don’t come out right. If that happens, hopefully there’s an opportunity to explain what we meant. For example, we have seen how scrivenor’s errors can be explained. But, for the...more
Trusts are often used to transfer wealth privately without the messiness of a public estate administration. That financial privacy can get blown, however, when trusts become the subjects of very public litigation. ...more
Circumstances, laws, and taxes all change. And, when they do, many settlors don’t want their beneficiaries to have to go into court to get permission to roll with the changes. That’s why you often find a trust provision...more
When a court is called upon to decide a trust dispute, it starts by looking at the intent of the settlor. Invariably there is some statement about the court being bound by the “four corners” of the trust. Only if the language...more